Evidence related to the defence application is covered under a publication ban.

It was the third time a judge has ruled against a non-disclosure application from the defence in the case.

Sawyer’s lawyer has also filed an application to have the charge stayed because the case is taking too long to get to trial.

Under a 2016 Supreme Court of Canada decision, a deadline of 18 months has been set for a case to go from charge to trial in most provincial court cases and 30 months in higher courts. In what is known as the Jordan decision, the country’s top court calls for dismissal of cases that have been subject to unreasonable delays.

Justice Hopkins is expected to announce his decision on the trial delay application on Wednesday.